AGENDA

MONTGOMERY COUNTY LEGISLATURE
Organizational Meeting
January 5, 2021
Tuesday
6:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



In conjunction with Governor Cuomo’s Executive Order 202.15, extended by Executive Order 202.60 this meeting will also be held electronically via teleconference at 6:00 pm.  Members of the public may listen to the meeting by calling 1-408-650-3123, Access Code  140-548-749.  Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.

The meeting will also be streamed via Facebook live from the Montgomery County - NY facebook page. 

 

I.  Call to Order

II. Roll Call

III. Salute to the Flag

IV. Selection of Permanent Chairman

V. New Business

         A. Organizational Resolutions

         B. Other

VI. Adjournment

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
1

RESOLUTION ELECTING CHAIRMAN OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021

Dimond/Headwell, Jr.Organizational Resolution
2

RESOLUTION ELECTING DEPUTY CHAIRMAN OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021

Pepe/Headwell, Jr.Organizational Resolution
3

RESOLUTION ADOPTING RULES OF PROCEDURE OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021

Kelly/WilsonOrganizational Resolution
4

RESOLUTION DELEGATING ERRONEOUS ASSESMENT CORRECTION APPROVAL AUTHORITY TO COUNTY AUDITOR FOR 2021

Headwell, Jr./WilsonOrganizational Resolution
5

RESOLUTION DESIGNATING DEPOSITORIES FOR COUNTY FUNDS IN THE NAME OF THE COUNTY TREASURER DURING 2021 AND FIXING MAXIMUM AMOUNTS WHICH MAY BE KEPT ON DEPOSIT THEREIN AT ANY ONE TIME

Kelly/IsabelOrganizational Resolution
6

RESOLUTION DESIGNATING NEWSPAPERS TO PUBLISH COUNTY MATTERS FOR 2021

Wilson/KellyOrganizational Resolution
7

RESOLUTION AUTHORIZING THE EXTENSION OF THE LAST DATE OF REDEMPTION FOR DELINQUENT TAXES (COUNTY LEGISLATURE)

Purtell/KellyOrganizational Resolution
8

RESOLUTION APPOINTING COUNTY CORONER (LEGISLATURE)

Headwell, Jr./WilsonOrganizational Resolution



Montgomery County Seal!RESOLUTION NO. 1 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION ELECTING CHAIRMAN OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021


Resolution by Legislator: Dimond
Seconded by: Headwell, Jr.

RESOLVED, that Legislator_____________ hereby is elected Chairman of the Montgomery County Legislature for the year 2021, and

FURTHER RESOLVED, that the annual salary of said Chairman hereby is fixed in the amount of $15,000.00.

MOTION TO AMEND by Legislator Dimond, seconded by Legislator Headwell, Jr.,

 

to insert the name of Michael J. Pepe in the RESOLVED CLAUSE

passed with Aye(8). Legislator Duchessi was absent.(1/5/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

 ELECTING CHAIRMAN OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021


II. Justification:

Pursuant to the Montgomery County Charter, Article 2.05


III. Legislative Impact:

Pursuant to the Montgomery County Charter, Article 2.05


IV. Financial Impact:

There is no financial impact - organizational resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 2 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION ELECTING DEPUTY CHAIRMAN OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021


Resolution by Legislator: Pepe
Seconded by: Headwell, Jr.

RESOLVED, that Legislator __________ hereby is elected Deputy Chairman of the Montgomery County Legislature for the year 2021, and

FURTHER RESOLVED, that the annual salary of said Deputy Chairman hereby is fixed in the amount of $10,000.00, and

FURTHER RESOLVED, that said Deputy Chairman shall exercise the authority granted to the Chairman of the Montgomery County Legislature in the Chairman's absence.

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Purtell,

to insert the name of John M. Duchessi in the RESOLVED CLAUSE

passed with Aye(8). Legislator Duchessi was absent.(1/5/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

ELECTING DEPUTY CHAIRMAN OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021


II. Justification:

Pursuant to the Montgomery County Charter, Article 2.05


III. Legislative Impact:

Pursuant to the Montgomery County Charter, Article 2.05


IV. Financial Impact:

There is no financial impact - organizational resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 3 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION ADOPTING RULES OF PROCEDURE OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021


Resolution by Legislator: Kelly
Seconded by: Wilson

RESOLVED, that the Rules of Procedure, as attached hereto, hereby are adopted by the Montgomery County Legislature for 2021, or until amended by Resolution.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



2021 Rules of Procedure

Statement of Legislative and Financial Impact:

I. Nature of Request:

ADOPTING RULES OF PROCEDURE OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021


II. Justification:

Pursuant to the Montgomery County Charter, Article 2.04 (a)


III. Legislative Impact:

Pursuant to the Montgomery County Charter, Article 2.04 (a)


IV. Financial Impact:

There is no financial impact - organizational resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 4 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION DELEGATING ERRONEOUS ASSESMENT CORRECTION APPROVAL AUTHORITY TO COUNTY AUDITOR FOR 2021


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, the Montgomery County Legislature is authorized to annually delegate to an official resposible for the payment of bills upon the audit of the appropriate municipal corporation the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and to cover tax credits/refunds, in an amount less than $2,500; and

WHEREAS, the Montgomery County Legislature chooses to delegate this power to the County Auditor; and

WHEREAS, the Real Property Director maintains responsibility for investigating each Erroneous Assessment application and for making recommendations regarding said applications.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature chooses to delegate the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and cover tax credits/refunds, in an amount less than $2,500 to the County Auditor; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature retains authority to determine action regarding all instances in which said Director recommends application denial and in all instances where a recommended correction exceeds $2,500; and

BE IT FURTHER RESOLVED, when the Real Property Director makes a recommended correction that does not exceed $2,500, the Real Property Tax Director shall transmit the written Report of Investigation and recommendation to the County Auditor, together with both copies of the application; and

BE IT FURTHER RESOLVED, when the County Auditor makes a recommendation to deny a correction that is recommended by the Real Property Director, they shall transmit to the Montgomery County Legislature the written Report of Investigation and recommendation of the Real Property Tax Director with copies of the application and the reason that the County Auditor recommends denying the correction; and

BE IT FURTHER RESOLVED, that the County Auditor shall submit a report of corrections processed during the preceding month, indicating the name of each recipient, the location of the property and the amount of the correction to the Montgomery County Legislature on or before the fifteenth day of each month. 

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Delegating authority to the Auditing Committee to handle Erroneous Assessments for 2021


II. Justification:

Real Property Tax Law Sections 554 & 556 allow the delegating of the approval of corrections under $2,500 to an official.


III. Legislative Impact:

Real Property Tax Law Sections 554 & 556 allow the delegating of the approval of corrections under $2,500 to an official.


IV. Financial Impact:

Delegating the approval of corrections under $2,500 to an official



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 5 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION DESIGNATING DEPOSITORIES FOR COUNTY FUNDS IN THE NAME OF THE COUNTY TREASURER DURING 2021 AND FIXING MAXIMUM AMOUNTS WHICH MAY BE KEPT ON DEPOSIT THEREIN AT ANY ONE TIME


Resolution by Legislator: Kelly
Seconded by: Isabel

WHEREAS, according to Section 212 of County Law, the Legislature shall designate the banks, bankers or banking associates for deposit of all County funds received by the County Treasurer heretofore according to law, and

WHEREAS, the Legislature, in accordance with said section, shall likewise specify the name of each so designated and the maximum amount, which may be kept on deposit therein at any one time in the name of said County Treasurer,

RESOLVED, that pursuant to Section 212 of County Law, the following banks are hereby designated by the Montgomery County Legislature as an depositories for the deposit of County funds by the County Treasurer of this County and deposited in the name of said County Treasurer for the year 2021, namely:

NBT BANK, FONDA BRANCH, FONDA, NY
JP MORGAN CHASE BANK, 12 CORPORATE WOODS BLVD., ALBANY, NY
COMMUNITY BANK, 1 HUDSON STREET, KINDERHOOK, NY

GREENE COUNTY COMMERCIAL BANK, 425 MAIN STREET, CATSKILL, NY

KEY BANK, N.A., AMSTERDAM BRANCH, AMSTERDAM, NY

FURTHER RESOLVED, that the maximum amount of County funds which may be kept on deposit in said depositories at any one time in the name of the County Treasurer be and the same hereby is fixed and determined as follows:

NBT BANK, FONDA BRANCH, FONDA, NY $25,000,000
JP MORGAN CHASE BANK, 12 CORP. WOODS BLVD., ALBANY, NY $20,000,000
COMMUNITY BANK, KINDERHOOK, NY  $10,000,000

GREENE COUNTY COMMERCIAL BANK, CATSKILL, NY  $15,000,000

KEY BANK, N.A., AMSTERDAM BRANCH, AMSTERDAM, NY $10,000,000

FURTHER RESOLVED, that said depositories shall give good and sufficient collateral as prescribed by law, as security for the amount so deposited in said depository, the amount thereof to be at least equal to the amount hereby authorized to be deposited by said bank on behalf of the County Treasurer shall also be approved as to the amount by the County Treasurer, and

FURTHER RESOLVED, that such designated depositories may execute their own undertaking and deposit on behalf of the County Treasurer outstanding unmatured bonds or other obligation of the United States of America, the State of New York, or of any County, Town, Village or School District in the State of New York, to the amount on deposit, less the amount certified by the depository as covered by insurance under the Federal Depositor Insurance Act as pursuant to Section 212, Subdivision 6 of the County Law of the State of New York, subject to approval of said County Attorney and said County Treasurer.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

DESIGNATING DEPOSITORIES FOR COUNTY FUNDS IN THE NAME OF THE COUNTY TREASURER DURING 2021 AND FIXING MAXIMUM AMOUNTS WHICH MAY BE KEPT ON DEPOSIT THEREIN AT ANY ONE TIME


II. Justification:

Pursuant to the Montgomery County Charter Article 2.04 (n)


III. Legislative Impact:

Pursuant to the Montgomery County Charter Article 2.04 (n)


IV. Financial Impact:

There is no financial impact - organizational resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 6 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION DESIGNATING NEWSPAPERS TO PUBLISH COUNTY MATTERS FOR 2021


Resolution by Legislator: Wilson
Seconded by: Kelly

WHEREAS, Section 214, Subdivision 2 of the County Law requires that the County Legislature shall annually designate newspapers for the publication of all local laws, legal notices, advertisements for bids and other matters required by law to be published,

RESOLVED, that the Montgomery County Legislature hereby designates the following newspapers, for the above purpose, for 2021:

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

DESIGNATING NEWSPAPERS TO PUBLISH COUNTY MATTERS FOR 2021


II. Justification:

Pursuant to the Montgomery County Charter, Article 2.04 (k)


III. Legislative Impact:

Pursuant to the Montgomery County Charter, Article 2.04 (k)


IV. Financial Impact:

There is no financial impact - organizational resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 7 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE EXTENSION OF THE LAST DATE OF REDEMPTION FOR DELINQUENT TAXES (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Kelly

WHEREAS, the last date of redemption for properties with outstanding 2018 taxes was February 21, 2020 and extended to September 30, 2020; and

WHEREAS, the last date of redemption for properties with outstanding 2019 taxes is February 19, 2021; and

WHEREAS, as a result of the COVID-19 pandemic the County’s foreclosure paperwork was not able to be filed; and

WHEREAS, on December 29, 2020 the Governor signed legislation that imposed a moratorium on tax foreclosures until May 1, 2021.

RESOLVED, the Montgomery County Legislature authorizes and directs the Montgomery County Treasurer to extend the last date of redemption for outstanding 2018 and 2019 taxes to April 30, 2021; and

FURTHER RESOLVED, that delinquent taxpayers shall be allowed to pay their taxes to prevent properties from going to auction.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE EXTENSION OF THE LAST DATE OF REDEMPTION FOR DELINQUENT TAXES (COUNTY LEGISLATURE) 


II. Justification:

To allow property owners to redeem properties through April 30, 2021 rather than having them proceed through foreclosure and auction.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Should result in additional tax revenue being collected by Montgomery County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 8 of 2021

DATED: January 5, 2021

RECOMMENDATION:
     

RESOLUTION APPOINTING COUNTY CORONER (LEGISLATURE)


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, there is a vacancy in the position of County Coroner; and

WHEREAS, County Law  §400 (7) allows for a vacancy in the office of coroner to be filled by the Montgomery County Legislature; and

WHEREAS, the new coroner shall hold office until and including the thirty-first day in December successing the first annual election at which the vacancy can be filled by election; and

WHEREAS, compensation shall be the same that was fixed for the most recent elective term for the position.

RESOLVED, the Montgomery County Legislature in accordance with County Law  §400 (7) hereby appoints _________________ to serve as County Coroner for District 2 until a successor has been elected at an annual salary of $9,500.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Sweet,

to insert the name Christopher Hanley in the RESOLVED CLAUSE

passed with Aye(8). Legislator Duchessi was absent.(1/5/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/5/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION APPOINTING  COUNTY CORONER (LEGISLATURE)


II. Justification:

There is a vacancy in the position of County Coroner and County Law  §400 (7) allows for a vacancy in the office of coroner to be filled by the Montgomery County Legislature.


III. Legislative Impact:

Authorized by County Law  §400 (7)


IV. Financial Impact:

Included in the 2021 Operating Budget



cc: County Clerk
County Treasurer